IMPI conducts formal and substantive examinations of utility model patent applications. However, the requirements for substantive examination are relatively loose, only novelty and industrial applicability are required, but innovation is not required.
- via Paris Convention : 12 months from earliest priority date.
- via Nationalization of PCT : 30 months from the earliest priority date.
no
15 years
IMPI conducts formal and substantive examinations of utility model patent applications. However, the requirements for substantive examination are relatively loose, only novelty and industrial applicability are required, but innovation is not required.
20 years
yes
3-5 years
yes. As long as the application is not abandoned, the patent type can be converted from invention to utility model within 3 months of filing the invention patent application, or within 3 months from the date when IMPI requires the applicant to make the conversion, after paying the relevant fees.
A 12-month novelty grace period applies if the inventor or his successor has communicated in any form, put the design into practice or made it public at national and international exhibitions.
yes. As long as the application is not abandoned, the patent type can be converted from utility model to invention within 3 months of filing the utility model patent application, or within 3 months from the date when IMPI requires the applicant to make the conversion, after paying the relevant fees.